Back Print
RSS

Ask Mr. Answer Person: "So, does Seed Savers need a conditional use permit for the concert that's coming up in May?"

Posted: Wed, Apr 2, 2014 6:14 PM

Brian e-mails Mr. Answer Person: "I was interested to read on decorahnews.com that Seed Savers will be hosting a concert in May at their farm.  This news comes just a few days after your story about people needing to get conditional use permits to hold musical events in the county.  So, will Seed Savers need a conditional use permit?"

Mr. Answer Person says, "To quote a friend of mine who is a lawyer, "It depends."

Here's what the current county zoning ordinance says about conditional use permits--they are required for "Temporary facilities for music events, sports events, entertainment events and religious events."  The key phrase here is "temporary facilities."

In other words, if the record release party for Trish Colligan's new music album includes construction of a stage outside the Seed Savers barn, yes, a conditional use permit would be needed.  But if the concert is held inside the barn--a structure which has already gotten zoning approval--no conditional use permit is required.

Let's take another example.  The county zoning ordinance covers country churches.  If they hold a wedding inside their church building, no conditional use permit would be required.  But if they held a bluegrass festival on the church grounds and put up a stage, a conditional use permit would be required.  Probably.

Mr. Answer Person says "probably" because these questions are decided on a case-by-case basis.  The only way the county zoning ordinance gets tested is when someone asks if an event has a conditional use permit and if the event needs one.

Which brings me back to my friend's exactly correct answer: "It depends!"